Bellis Yard Improvements.pdf

-i-

CITY OF BUENA PARK

COUNTY OF ORANGE

STATE OF CALIFORNIA

CONTRACT DOCUMENTS

BELLIS YARD IMPROVEMENTS

PROJECT NO. 156

BID NO. 2027-04

AUGUST 2026

Prepared under the Supervision of:

Mina Mikhael, P.E.

Director of Public Works/ City Engineer

Recommended by: Approved by:

Deepthi Arabolu, P.E., T.E. Mina Mikhael, P.E.

Assistant City Engineer Director of Public Works/City Engineer

R.C.E. 75742 R.C.E. 84166 jasontran Image jasontran Image

-ii-

TABLE OF CONTENTS

NOTICE INVITING SEALED BIDS AND PROPOSAL………………………........................ I-1

INSTRUCTIONS TO BIDDERS…………………………………………………………………. I-4

BID………………………………………………………………………………………………….. B-1

CONTRACT………………………………………………………………………….................... C-1

PAYMENT BOND (LABOR AND MATERIALS)……………………………………………….. C-9

FAITHFUL PERFORMANCE BOND…………………………………………………………… C-11

WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE………………….………. C-13

PROGRESS PAYMENT SIGNATURE AUTHENTICATION…………………………………. C-14

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY……………………………………………. C-15

ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY…………………….. C-17

ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY…………………………… C-19

SPECIAL PROVISIONS………………………………………………………………………. SP-1

PART 1: SPECIAL PROVISIONS DEFINED…………………………………. SP-1

SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF

MEASURE, AND SYMBOLS………………………………………….. SP-1

SECTION 2. SCOPE AND CONTROL OF THE WORK…………………………… SP-5

SECTION 3. CONTROL OF THE WORK…………………………………………… SP-9

SECTION 4. CONTROL OF MATERIALS…………………………………………... SP-15

SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES……………………. SP-15

SECTION 6. PROSECUTION AND PROGRESS OF THE WORK………………. SP-21

SECTION 7. MEASUREMENT AND PAYMENT…………………………………… SP-26

SECTION 8. FACILITIES FOR AGENCY PERSONNEL………………………….. SP-35

SECTION 9. ADDITIONAL TERMS………………………………………………….. SP-36

-iii-

PART 2: CONSTRUCTION MATERIALS…………….. ……………………….. SP-40

PART 3: CONSTRUCTION METHODS………………………………………… SP-44

PART 4: EXISTING IMPROVEMENTS…………………………………………. SP-54

PART 5: PIPELINE SYSTEM REHABILITATION……………………………… SP-57

PART 6: TEMPORARY TRAFFIC CONTROL…………………………………. SP-68

PART 7: STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM……………. SP-70

PART 8: LANDSCAPE AND IRRIGATION……………………………………... SP-72

EXHIBITS:

A. PROJECT LOCATION MAPS

B. CITY OF BUENA PARK STANDARD PLANS

a. STD 511 – SEWER LATERAL CLEAN OUT

b. STD 518 – WATER VALVE (LISTED AS GATE VALVE ACCORDING TO

STD PLANS)

C. PAVEMENT EVALUATION AND CORING SOILS REPORTS

NOTICE INVITING

SEALED BIDS

I-1

NOTICE INVITING SEALED BIDS AND PROPOSALS

FOR

“Project”

Project Number: 156 Bid Number: 2027-04

NOTICE IS HEREBY GIVEN that the City of Buena Park, California (“City”) invites sealed Bids for the Project. The City will receive such Bids at the City Clerk’s office, City Hall, City of Buena Park, California, 6650 Beach Boulevard, Buena Park, CA 90621, at the hour of 2:00 P.M. on WEDNESDAY, AUGUST 19, 2026 at which time and place they will be publicly opened and read aloud.

All Bids must be made in writing in either ink or typed on the form included in the Contract Documents. Each Bid must be submitted in a sealed envelope addressed to the City Clerk with the Project Name, Project Number, and Bid Number typed or clearly printed on the lower left corner of the envelope, with the words “Sealed Bid Enclosed” clearly written on the front of the envelope. Bids must remain valid and shall not be subject to withdrawal for sixty (60) Days after the Bid opening date. Faces or any electronic format is not acceptable.

INCORPORATION OF STANDARD SPECIFICATIONS AND SPECIAL PROVISIONS. The 2021 Edition or Latest Edition of “Standard Specifications for Public Works Construction” (“Standard Specifications”), as amended by the Contract Documents (as “Contract Documents” is defined in the Contract) and the Special Provisions of the City of Buena Park, Latest Edition (“Special Provisions”), is incorporated by reference.

SCOPE OF WORK. The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents (“Work”). This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the Engineer. Each prospective bidder (“Bidders”) is responsible for fully acquainting themselves with the conditions of the scope of work as it relates to doing work in the City.

OBTAINING BID DOCUMENTS. The “Project Documents” are available online from American Reprographics Company (“ARC”). To order Project Documents from ARC as a download or hardcopy: visit www.e-arc.com, click on “Public Planroom,” and search by City of Buena Park from the dropdown list, with “Show Active Bid Projects Only” selected. You can contact ARC at

(714) 424-8525 and request plans. Downloads are available at no charge through the site. The costs for all hardcopy Project Documents, plus shipping, are non-refundable and are purchased directly from ARC.

PLANHOLDER REGISTRATION. All Bidders shall register with ARC as a “Planholder.” All Addenda transmission and other Contract Document-related information will be relayed via ARC.

A Bidder shall have no recourse due to its any inability to register with ARC, “whitelist” ARC http://www.e-arc.com/ca/costamesa

I-2 communications, or to view or access any of the Project Documents, Addenda transmission, or other information.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5; with limited exceptions for bid purposes only under Labor Code Section 1771.1(a).

PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a “public work” to which the requirements of prevailing wage apply. Pursuant to the provisions of Section 1773.2 of the Labor Code, the successful Bidder (hereinafter “Contractor”) and its subcontracts, if any (“Subcontractors”) shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of such general prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Buena Park, 6650 Beach Boulevard, Buena Park, California, 90621, and are available to any interested party on request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR.

BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent (10%) of the total Bid price submitted. Personal or company checks are not acceptable. Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. The Bonds shall be dated on or after the Effective Date of the Contract, and before the date a “notice to proceed” from the City is issued.

All Bonds must be issued by a California admitted Surety insurer, as defined in Code of Civil Procedure Section 995.120, with a current A.M. Best’s rating no less than A:VII, using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverage, within ten (10) Days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.

LICENSES. Each Bidder shall possess a valid Class A Contractor’s license issued by the California State Contractors License Board, at the time of the Bid submission; provided that if this Project utilizes any federal funding, the successful Bidder must possess such a license at the time of Contract award. The successful Contractor, and Subcontractors, must also possess a current City business license.

RETENTION SUBSTITUTION. Five percent (5%) of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300, and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.

TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than ten (10) working days before the Bid submission deadline. Requests received after this time shall not be considered. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability.

LIQUIDATED DAMAGES. Liquidated damages shall accrue in the amount of for each Day that Work remains incomplete beyond the Project completion deadline specified in the Contract

Documents.

BIDDING PROCESS. The City reserves the right, after opening bids, to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in the best interest of the City.

NONDISCRIMINATION. The City hereby affirmatively ensures that all business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status religion in any consideration leading to the award of contract.

A'd?ia M. Vicuria. MM6 Director of Government and

Community Relations/City Clerk

Posted Date: July 22, 2026

I, Sarah Guerra, CMC, Administrative Assistant, do hereby certify that a full and correct copy of this notice was posted at the Buena Park Civic Center, 6650 Beach Boulevard; the Ehlers Event

Center, 8150 Knott Avenue; and, the Orange County Fire Authority, Fire Station 61, 7440 La

Palma Avenue, Buena Park, ATTEST: '4HX ., § DATE: I[ZZIZOZI

POSTBY= 718/m?9 REMAINPOSTEDTHROUGH= 8120/:J)2J, DATE:

1-3

I-4

INSTRUCTIONS TO BIDDERS

FORM OF BID. Bids shall be made on the Bid forms found herein. Bidders shall include all forms and fill in all blank spaces by ink or by typing, including inserting “N/A” (for not applicable) where necessary. The Bid shall be enclosed in a sealed envelope bearing the Bidder’s name and the Project Name, Project Number, and Bid Number as described in the Notice Inviting Bids. A Bid not submitted on the Bid forms and in the manner found herein will be considered non-responsive.

DELIVERY OF BIDS. The Bid shall be delivered by the time and date, and to the place specified in the Notice Inviting Bids. No oral, faxed, emailed, or telephonic Bids or alternatives will be considered. The time of delivery shall be conclusively determined by the time-stamping clock located at the City Clerk’s office. Bidders are solely responsible for ensuring that their Bids are received at the proper time and at the proper location, and Bidders assume all risks arising out of their chosen means of delivery. Any Bid received after the Bid submission deadline shall not be considered and shall be returned to the Bidder unopened. Bidders or their authorized agent are invited to be present for Bid opening. Accepted Bids shall become the property of the City.

AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid may cause the Bid to be deemed incomplete and non-responsive.

WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the Bidder filed with the City Clerk at any time before the Bid submission deadline fixed in the Notice Inviting Bids. Withdrawal of a Bid does not prejudice the right of the Bidder to file a new Bid at any time prior to the time fixed for receiving Bids in the Notice Inviting Bids.

BIDDER’S SECURITY. Each Bid shall be accompanied by cash, a certified or cashier’s check payable to the City of Buena Park, or a satisfactory Bid Bond in favor of the City executed by the Bidder as principal and an admitted surety insurer as Surety, in an amount not less than ten percent (10%) of the amount set forth in the Bid. All Bonds must be issued by a California admitted Surety insurer, as defined in Code of Civil Procedure Section 995.120, with a current A.M. Best’s rating no less than A:VII, using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. The cash, check or Bid Bond shall be given as a guarantee that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents, and will provide the evidence of insurance and furnish the specified Bonds, within ten (10) Days after the date of delivery of the Contract Documents to the Bidder. In case of the Bidder’s refusal or failure to do so, the City may award the Contract to the next lowest responsible bidder, and the cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the City to the extent permitted by law. No Bid Bond will be accepted unless it conforms substantially to the form provided in the Contract Documents.

QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere herein shall be considered as approximations listed to serve as a general indication of the amount of Work or materials to be performed or furnished, and as basis for the Bid comparison. The City does not, expressly or by implication, represent or guarantee that the actual amounts required will correspond with the quantities given. As deemed necessary or convenient, the City may increase or decrease the amount of any item or portion of Work or material to be performed or furnished or omit any such item or portion, in accordance with the Contract Documents.

ADDENDA. The Engineer may, from time to time, issue Addenda to the Contract Documents.

Bidders are responsible for ensuring that they have received any and all Addenda. Bidders must

I-5 acknowledge receipt of all Addenda, if any, in their bids. Failure to acknowledge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive.

DISCREPANCIES IN BIDS. Each Bidder shall set forth as to each item of Work, in clearly legible words and figures, a unit or line item Bid amount for the item in the respective spaces provided for this purpose.

In case of discrepancy between the unit price and the extended amount set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the “extended amount” column, then the amount set forth in the “extended amount” column for the item shall prevail in accordance with the following:

(1) As to lump sum items, the amount set forth in the “extended amount” column shall be the unit price.

(2) As to unit price items, the amount set forth in the “extended amount” column shall be divided by the estimated quantity for the item set forth in the Bid documents, and the price thus obtained shall be the unit price.

In case of discrepancy between words and figures, the words shall prevail.

COMPETENCY OF BIDDERS. Bidders must meet all qualification requirements contained in the Contract Documents. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the general competency of the Bidder for the satisfactory performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a statement of its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors.

BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS. Each Bidder must carefully examine the Project site and the entirety of the Contract Documents. Upon submission of a Bid, it will be conclusively presumed that the Bidder has thoroughly investigated the Work and is satisfied as to the conditions and difficulties that may be encountered and the character, quality, and quantities of Work to be performed and materials to be furnished. Upon Bid submission, it also shall be conclusively presumed that the Bidder is familiar with and agrees to the requirements of the Contract Documents, including all Addenda. No information derived from an inspection of records or investigation will in any way be construed as a waiver of the aforesaid provisions, relieve the Contractor from its obligations under the Contract Documents, nor entitle the Contractor to any additional compensation. The Contractor shall not make any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Contract Documents, regardless of actual conditions encountered, and waive and release the City with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law.

DISQUALIFICATION OF BIDDERS. No person or entity shall be allowed to make, file or be interested in more than one Bid for the Project, unless alternate Bids are specifically called for. A person that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, I-6 is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from making a prime Bid. Bids in which unit prices are obviously unbalanced may be rejected.

If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected. Bidders are put on notice that any collusive agreement fixing the prices to be Bid so as to control or affect Awarding of the Contract is in violation of competitive bidding requirements of the Public Contract Code and may render void any Contract let under such circumstances.

Among other grounds, A Bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed or otherwise prevented from Bidding on, or completing a federal, state or local project because of a violation of a law or a safety regulation. The City will review the circumstances presented in the Bid Form certification and determine if acceptance of the Bid is in its best interest.

RETURN OF BID SECURITY. The successful Bidder’s Bid security shall be held until the Contract is executed. Bid security shall be returned to the unsuccessful Bidders within a reasonable time, which in any case shall not exceed sixty (60) Days after the successful Bidder has signed the Contract and returned all required documents to the City.

AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award, if made, will be to the lowest responsible, responsive Bidder and is anticipated to occur within sixty (60) Calendar Days after the Bid opening. The City reserves the right to extend the award of contract period an additional thirty (30) calendar days. Bids shall remain valid for a minimum of ninety (90) Calendar days after the Bid opening. The Contract award may be made after that period if the selected Bidder has not given the City written notice of the withdrawal of its Bid.

LISTING SUBCONTRACTORS. Each Bidder shall submit a list of the proposed Subcontractors on the Project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.).

EXECUTION OF CONTRACT. The selected Bidder shall execute and return to the City the Contract in the form included in these Contract Documents within ten (10) Days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all required documents, including insurance and Bonds as herein specified, and provide copies to the City, within ten (10) Days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Contract or to conform to any of the requirements shall be just cause for the annulment of the award and forfeiture of the Bidder’s security. In such event, the City may declare the Bidder’s security forfeited to the extent permitted by law, and the City may award the Contract to the next lowest responsible, responsive Bidder or may reject all bids.

SIGNATURES. The Bidder shall execute all documents requiring signatures, and shall cause to be notarized all documents that indicate such a requirement. The Bidder shall provide evidence satisfactory to the City, such as an authenticated resolution of its board of directors or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any contract arising therefrom.

INSURANCE AND BONDS. The Contractor shall not begin Work until it has given the City evidence of all required insurance coverage (including all additional insured endorsements), a Bond guaranteeing the Contractor’s faithful performance of the Contract, and a Bond securing

I-7 the payment of claims for labor and materials. Should the Contractor begin Work in advance of the start date for the Work, as stated in the Notice to Proceed, the Work will be considered as having been done at Contractor’s risk as a volunteer. The Bonds shall be dated on or after the Effective Date of the Contract, and before the date a Notice to Proceed from the City is issued.

TELEPHONES. Bidders are hereby notified that the City will not provide telephones for their use at the time of Bid submission.

INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the intended meaning of any part of the Contract Documents, or that finds discrepancies in or omissions from the Contract Documents, may submit to the Engineer a written request for an interpretation or correction not later than seven (7) working days before the Bid submission deadline. Requests for clarification received after this date will be disregarded. Please indicate the Project Name, Project Number, and Bid Number in the request for clarification. Telephonic requests will not be taken. Any interpretation or correction of the Contract Documents will be made only by a written Addendum, and will be delivered to each person included on the City’s planholder’s list for the Project. The City is not responsible for any oral explanation or interpretation of any provision in the Contract Documents, and no such explanation or interpretation shall be binding.

TAXES. Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by federal, State or local authorities on materials used or furnished by the Contractor in performing the Work shall be paid by the Contractor. The Bidder shall calculate payment for all sales, unemployment, pension and other taxes imposed by federal, State, and local law and shall include these payments in computing the Bid.

I-8

NOTICE TO BIDDERS. If further information is needed regarding this Work, please contact the person whose name is indicated by an “X” below:

☐ Aaron Esparza-Almaraz (714) 562-3690

☐ Deepthi Arabolu (714) 562-3696

☐ Hysun Lee (714) 562-3691

☐ Mina Mikhael (714) 562-3679

☐ Nader Alqam (714) 562-3698

☐ Norman Wray (714) 562-3699

☒ Jason Tran (714) 562-3680

☐ Jaden Miller (714) 562-3685

☐ Hector Guzman (714) 562-3688

☐ Carina Coles (714) 562-3696

Monday through Thursday, from 7:00 am to 6:00 pm, except holidays.

All interested bidders, or persons obtaining bid packets, shall register with American Reprographics Company (ARC) as this Contract’s planholder immediately.

All interested bidders, or persons obtaining bid packets, shall register with ARC as this Contract’s Planholder immediately.

FAILURE TO PROPERLY REGISTER MAY RESULT IN LATE NOTIFICATION.

All interested bidders may contact Jason Tran to schedule a pre-bid job walk prior to the bid opening via phone at 714-562-3680 or email at jasontran@buenapark.com

I-9

BID PROTEST PROCEDURES

SECTION 1. BID PROTEST. Any bid protest must be in writing and received by the City Clerk at City Hall, City Clerk’s Office, 6650 Beach Blvd., Buena Park, CA 90621, before 5:30 p.m.

no later than two working days following the bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

SECTION 2. GENERAL. Only a bidder who has submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests.

A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by the City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section 1, a “working day” means a day that City is open for normal business, and excludes weekends and holidays.

SECTION 3. PROTEST CONTENTS. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder.

SECTION 4. COPY TO PROTESTED BIDDER. A copy of the protest and all supporting documents must be concurrently transmitted by fax, email or in person by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

SECTION 5. RESPONSE TO PROTEST. The protested bidder may submit a written response to the protest, provided the response is received by the City Clerk before 5:30 p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder, if different from the protested bidder.

SECTION 6. COPY TO PROTESTING BIDDER. A copy of the response and all supporting documents must be concurrently transmitted by fax, email or in person by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

SECTION 7. EXCLUSIVE REMEDY. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

SECTION 8. RIGHT TO AWARD. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination.

BID

B-1

BID

CITY OF BUENA PARK

TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF BUENA PARK:

The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein;

(2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions and difficulties to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Buena Park to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus, transportation, services, and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein.

The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undertaken in California by the undersigned and any partnership, joint venture or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached.

Accompanying this Bid is cash, a cashier’s check, a certified check or a Bid Bond in an amount equal to at least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within ten (10) Days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law.

The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor’s License.

B-2

Contractor/Bidder:

Address:

City/Zip Code: /

Phone/Fax /

Email

Contractor’s License No.: /Classification: /Exp. Date:

By: Date:

Title:

Names and addresses of all members of the firm or names and titles of all officers of the corporation:

Surety or sureties:

B-3

City of Buena Park - Bid Sheet

SCHEDULE OF WORK ITEMS

Bidder’s Name: ____________________________________________________________

To the Honorable Mayor and Members of the City Council:

In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the Engineer, at the following prices:

BELLIS YARD IMPROVEMENTS

BASE AMOUNT:

ITEM

NO.

DESCRIPTION UNIT

ESTIMATED

QUANTITY

UNIT

PRICES

EXTENDED

AMOUNT

1. Demo: Cold mill and remove 3.5-inch of existing asphalt pavement

SF 13,000 $ $

2.

Demo: Cold mill and remove 13-inch of existing asphalt, base, and subgrade for new concrete pavement

SF 3,700 $ $

3. Demo: Concrete Paving & Pads. SF 1,650 $ $

4. Demo: Existing concrete bin walls. LS 1 $ $

5.

Demo: Removal of (2) sheds, (1) container, 60 LF of chain-link fencing, 35 LF of steel fencing, concrete footings, & other misc.

items on demo plan.

LS 1 $ $

6.

Construct 3.5-inch thick asphalt concrete surface course, type III

C3 PG 70-10 (1/2" rock).

TON 300 $ $

B-4

ITEM

NO.

DESCRIPTION UNIT

ESTIMATED

QUANTITY

UNIT

PRICES

EXTENDED

AMOUNT

7. Construct 7-inch thick concrete paving

SF 3,700 $ $

8. Construct 6-inch Class 2 aggregate base as shown on plans

TON 90 $ $

9.

Construct (4) new material dump areas with 8-foot high masonry walls per site plan and structural plans.

LS 1 $ $

10.

Furnish and install 16-foot wide vehicle gate and chain-link fencing as shown on plans (8-foot high)

LS 1 $ $

11. Install new steel security fencing over top (E) concrete block wall

LF 300 $ $

12. Install bollards per plan. EA 4 $ $

13.

Adjust height as needed of existing sewer clean-out in new paving area.

EA 1 $ $

14. Optional – Exploratory utility potholing

EA 2 $ $

TOTAL AMOUNT $__________

ADDITIVE A AMOUNT:

ITEM

NO.

DESCRIPTION UNIT

ESTIMATED

QUANTITY

UNIT

PRICES

EXTENDED

AMOUNT

15.

Reorient direction of existing sliding gate entry and relocate existing electrical control box.

LS 1 $ $

B-5

Note: Unless otherwise as indicated in subsection 7-3.5. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.

Items may be adjusted or deleted. Any changes to the quantities for these items shall not constitute a substantial change as referenced in Section 7-3.5.1 of the Standard Specifications.

Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.

In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

If any of the above discrepancies exist, the City may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.

TOTAL BASE BID PRICE IN DIGITS: $____________________________________________

TOTAL BASE BID PRICE IN WORDS: ____________________________________________

TOTAL ADDITIVE A BID PRICE IN DIGITS: $______________________________________

TOTAL ADDITIVE A BID PRICE IN WORDS: ______________________________________

TOTAL BID PRICE IN DIGITS: $_______________________________ _____________

TOTAL BID PRICE IN WORDS: ______ ______________________________________

B-6

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

NOTE: The CITY reserves the right to determine the lowest responsible / responsive bid and award the contract based on any of the following: (a) the total amount of the BASE BID alone; (b) the total amount of the BASE BID plus any combination of Additive Bid items, as deemed in the best interest of the City.

I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Signature: __________________________________ Title: ___________ Date: ______

Signature: __________________________________ Title: ___________ Date: ______

B-7

QUESTIONNAIRE FORM

Fill out all of the following information. Attach additional sheets if necessary.

(1) Bidder’s Name:

(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement.

(3) Business Address:

(4) Telephone: Facsimile:

(5) Type of Firm – Individual, Partnership, LLC or Corporation:

(6) Corporation organized under the laws of the State of:

(7) California State Contractor’s License Number and Class:

Original Date Issued: Expiration Date:

(8) DIR Contractor Registration Number:

(9) List the name and title of the person(s) who inspected the Project site for your firm:

(10) [If applicable] List the name and title of the person(s) who attended the mandatory pre-Bid meeting for your firm, including the mandatory site visit (if any):

(11) Number of years’ experience the company has as a contractor in construction work:

(12) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Bid:

(13) List all current and prior D.B.A.’s, aliases, and fictitious business names for any principal having interest in this Bid:

B-8

(14) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid:

(15) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five (5) years:

a. List the names, addresses and telephone numbers of contact persons for the parties:

b. Briefly summarize the parties’ claims and defenses:

c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome:

(16) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, note when and explain.

B-9

(17) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, note when and explain.

(18) Within the last five (5) years, has any officer or partner of Bidder’s company ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation.

(19) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a “termination of convenience”? If yes, note when and explain.

(20) Has the company or any principal having an interest in the Bid ever been in default, debarred or suspended in any way? If yes, note when and explain.

(21) For projects that the company or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any claims or actions:

a. By you against the owner? Circle one: Yes No

b. By the owner against you? Circle one: Yes No

c. By any outside agency or individual for labor compliance?

Circle one: Yes No

d. By Subcontractors? Circle one: Yes No

e. Are any of these claims or actions unresolved or outstanding?

Circle one: Yes No

If your answer is “yes” to any part or parts of this question, explain.

B-10

(22) List the last three (3) projects you have worked on or are currently working on for the City of Buena Park:

Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information.

Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive.

The Bidder certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct.

Notary Public

Subscribed and sworn to me:

Signature:

This ____ day of _____________, 20

(SEAL)

Company

Date:

B-11

REFERENCES FORM

For all public agency projects in excess of $30,000 that you are currently working on or have worked on in the past two (2) years, provide the following information:

Project 1 Name/Number

Project Description ____________________________________________________________

Approximate Construction Dates From: _______________To:_________________

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $

If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency?

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 2 Name/Number

Project Description ___________________________________________________________

Approximate Construction Date From: _______________To:_________________

Agency Name:

Contact Person: Telephone:

Address:

B-12

Did the Agency file any claims against you? Circle one: Yes No

Project 3 Name/Number

Approximate Construction Dates From: _______________To:____________

Agency Name:

Contact Person: Telephone:

Address:

Did the Agency file any claims against you? Circle one: Yes No

B-13

Project 4 Name/Number

Approximate Construction Dates From: _______________To

Agency Name:

Contact Person: Telephone:

Address:

Did the Agency file any claims against you? Circle one: Yes No

Project 5 Name/Number

Approximate Construction Dates From: _______________To:____________

Agency Name:

Contact Person: Telephone:

Address:

B-14

Did the Agency file any claims against you? Circle one: Yes No

Project 6 Name/Number

Approximate Construction Dates From: _______________To:____________

Agency Name:

Contact Person: Telephone:

Address:

Did the Agency file any claims against you? Circle one: Yes No

B-15

DESIGNATION OF SUBCONTRACTORS

[Public Contract Code Section 4104]

List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent (0.5%) of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If no subcontractor is specified for a portion of the work, or multiple subcontractors are specified for the same portion of Work, then Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name, Address, and Phone Number

Contractors State License Board (CSLB)

License Number(s) and Class(es)

Department of Industrial

Relations (DIR) Contractor

Registration Number

Bid Item Number(s)

Type of Work (e.g., Electrical)

Total Amount of Bid Item(s)

Percentage of Total Bid (e.g., 10%)*

TOTAL

*The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).

B-16

INDUSTRIAL SAFETY RECORD FORM

Bidder’s Name ________________________________________________________________

Current Year of Record

2025 2024 2023 2022 2021 Total

Number of contracts

Total dollar amount of contracts (in thousands of dollars)

Number of fatalities

Number of lost workday cases

Number of lost workday cases involving permanent transfer to another job or termination of employment

The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury under the laws of the State of California that the information is true and accurate within the limitations of those records.

B-17

Bond No. _________

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Buena Park (“Public Agency”), has issued an invitation for Bids for the Work described as follows:

as specifically set forth in the documents entitled:

WHEREAS

(Name and address of Bidder)

(“Principal”), desires to submit a Bid to Public Agency for the Work.

WHEREAS, Bidders are required to furnish a form of Bidder’s security with their Bids.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)

(“Surety”), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of

Dollars ($ ), being not less than ten percent (10%) of the total Bid price of the Principal for the Work, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded the Contract for the Work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

B-18

In the event suit is brought upon this instrument by City, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys’ fees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its:

“Surety”

Note: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

B-19

NONCOLLUSION DECLARATION FORM

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

[Public Contract Code Section 7106]

The undersigned declares:

I am the ______________________ of ____________________, the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of…